The Online Library of Liberty

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• Errata—vol. III.
• Defence of Usury; Showing the Impolicy of the Present Legal Restraints On the Terms of Pecuniary Bargains; In Letters to a Friend.
• Letter I.: Introduction.
• Letter II.: Reasons For Restraint—prevention of Usury.
• Letter III.: Reasons For Restraint—prevention of Prodigality.
• Letter IV.: Reasons For Restraint—protection of Indigence.
• Letter V.: Reasons For Restraint—protection of Simplicity.
• Letter VI.: Mischiefs of the Anti-usurious Laws.
• Letter VII.: Efficacy of Anti-usurious Laws.
• Letter VIII.: Virtual Usury Allowed.
• Letter IX.: Blackstone Considered.
• Letter X.: Grounds of the Prejudices Against Usury.
• Letter XI.: Compound Interest.
• Letter XII.: Maintenance and Champerty.
• Letter XIII.: To Dr. Smith, On Projects In Arts, &c.
• A Manual of Political Economy: Now First Edited From the Mss. of Jeremy Bentham.
• Chapter I.: Introduction. *
• Chapter II.: Analytical Survey of the Field of Political Economy.
• Chapter III.: Of Wealth.
• Chapter IV.: Of Population.
• Chapter V.: Of Finance.
• Chapter VI.: Operation of a Sinking Fund On the Production of Wealth.
• Chapter VII.: Noscenda.
• Observations On the Restrictive and Prohibitory Commercial System; Especially With a Reference to the Decree of the Spanish Cortes of July 1820.
• Preface.: Observations, &c.
• Section I.: Nature of the Prohibitory System.
• Section II.: Mischiefs of the Prohibitory System.
• Section III.: Causes of the Prohibitory System.
• A Plan For Saving All Trouble and Expense In the Transfer of Stock, and For Enabling the Proprietors to Receive Their Dividends Without Powers of Attorney, Or Attendance At the Bank of England, By the Conversion of Stock Into Note Annuities.
• Introduction.
• Chapter I.: Plan For the Creation, Emission, Payment, and Eventual Extension, of a Proposed New Species of Government Paper, Under the Name of Annuity Notes.
• Chapter II.: Form of an Annuity Note. (see Table II.)
• Chapter III.: Comparison of the Proposed, With the Existing Government Securities, &c.
• Chapter IV.: Grounds of Expectation, In Regard to the Proposed Measure.
• Chapter V.: Financial Advantages.
• Chapter VI.: Advantage By Addition to National Capital.
• Chapter VII.: Advantage By Addition to Commercial Security.
• Chapter VIII.: Particular Interests Concerned.
• Chapter IX.: Rise of Prices—how to Obviate.
• Chapter X.: Reduction of Interest—proposed Mode Compared With Mr. Pelham’s.
• Chapter XI.: Moral Advantages.
• Chapter XII.: Constitutional Advantages.
• Chapter XIII.: Recapitulation and Conclusion.
• Appendix A.: Government Ought to Have the Monopoly of Paper Money, As Well As of Metallic Money.
• Appendix B.: Paper Money—causes Why Not Circulated By Government Without Interest, As Well As By Individuals.
• General View of a Complete Code of Laws.
• Chapter I.: General Division.
• Chapter II.: Relations Between the Laws Concerning Offences, Rights, Obligations, and Services.
• Chapter III.: Relation Between the Penal and Civil Code.
• Chapter IV.: Of Method.
• Chapter V.: Plan of the Penal Code.
• Chapter VI.: Of the Division of Offences.
• Chapter VIII. Titles of the Penal Code.
• Chapter IX.: First General Title of the Civil Code, * of Things.
• Chapter X.: Second General Title of the Civil Code. of Places.
• Chapter XI.: Third General Title of the Civil Code. of Times.
• Chapter XII.: Fourth General Title of the Civil Code. of Services.
• Chapter XIII.: Fifth General Title of the Civil Code. of Obligations.
• Chapter XIV.: Sixth General Title of the Civil Code. of Rights.
• Chapter XV.: Seventh General Title of the Civil Code. of Collative and Ablative Events.
• Chapter XVI.: Eighth General Title of the Civil Code. of Contracts.
• Chapter XVII.: Ninth General Title of the Civil Code. of the Domestic and Civil States.
• Chapter XVIII.: Tenth General Title of the Civil Code. of Persons Capable of Acquiring and of Contracting.
• Chapter XIX.: Of the Particular Titles of the Civil Code.
• Chapter XX.: Of Elementary Political Powers.
• Chapter XXI.: Of Elementary Political Powers— Subject Continued.
• Chapter XXII.: Plan of the Political Code.
• Chapter XXIII.: Plan of the International Code.
• Chapter XXIV.: Plan of the Maritime Code.
• Chapter XXV.: Plan of the Military Code.
• Chapter XXVI.: Plan of the Ecclesiastical Code.
• Chapter XXVII.: Plan of Remuneratory Laws.
• Chapter XXVIII.: Of Political Economy.
• Chapter XXIX.: Plan of the Financial Code.
• Chapter XXX.: Plan of Procedure Code.
• Chapter XXXI.: Of the Integrality of the Code of Laws.
• Chapter XXXII.: Of Purity In the Composition of a Code of Laws.
• Chapter XXXIII.: Of the Style of the Laws.
• Chapter XXXIV.: Of the Interpretation, Conservation, and Improvement of a Code.
• Pannomial Fragments.
• Chapter I.: General Observations.
• Chapter II.: Consideranda.
• Chapter III.: Expositions.
• Chapter IV.: Axioms.
• Nomography; Or the Art of Inditing Laws: Now First Published From the Mss. of Jeremy Bentham.
• Chapter I.: The Subject Stated.
• Chapter II.: Relations.
• Chapter III.: Proper End In View.
• Chapter IV.: Imperfections Primary.
• Chapter V.: Explanations Relative to the Imperfections of the Second Order.
• Chapter VI.: Of Remedies. *
• Chapter VII.: Of Language.
• Chapter VIII.: Of the Perfections of Which the Legislative Style Is Susceptible.
• Chapter IX.: Of Forms of Enactment.
• Appendix. Logical Arrangements, Or Instruments of Invention and Discovery
• Equity Dispatch Court Proposal; Containing a Plan For the Speedy and Unexpensive Termination of the Suits Now Depending In Equity Courts. With the Form of a Petition, and Some Account of a Proposed Bill For That Purpose
• Section I.: Purpose Explained. Jeremy Bentham to the Honest and Afflicted Among Equity Suitors.
• Section II.: Equity Suitors’ Petition For Dispatch Court. to the King’s Most Excellent Majesty, —
• Section III.: Dispatch Court Bill—some Account of It.
• Section IV.: Information Requisite From Petitioning Suitors.
• Equity Dispatch Court Bill: Being a Bill For the Institution of an Experimental Judicatory Under the Name of the Court of Dispatch, For Exemplifying In Practice the Manner In Which the Proposed Summary May Be Substituted to the So Called Regular Sy
• Editor’s Note.
• Preface.
• Preamble.
• Part I.—: Judiciary.
• Section I.: Judge Located, How.
• Section II.: Remuneration.
• Section III.: Registrar, &c.
• Section IV.: Eleemosynary Advocate.
• Section V.: Judges’, &c. Deputes.
• Section VI.: Judge’s Powers—exemptions—checks.
• Section VII.: Prehensors and Messengers.
• Section VIII.: Consignees; * Or Say, In-trust-holders.
• Section IX.: Grounds of Decision For the Dispatch Court Judge.
• Section X. ‡: Suits’ Comparative Suitableness; and Order of Cognizance.
• Section XI.: Auxiliary Judges and Accountants.
• Section XII.: Sittings, Times Of.
• Part II.—: Procedure.
• Section XIII.: Definitions. *
• Section XIV.: Examination of Solicitors.
• Section XV.: Initiatory Examination of Parties, &c.
• Section XVI.: Appropriate Intercourse, Constant and Universal, Secured.
• Section XVII.: Mutual Security For Forthcomingness of Persons and Things. ‡
• Section XVIII.: Evidence-procuring Money, How Provided.
• Section XIX.: Subsequential Evidence, How Elicited.
• Section XX.: Execution, How Performed.
• Section XXI.: Equity Court Costs, How Disposed Of.
• Section XXII.: Dispatch Court Costs, How Disposed Of.
• Section XXIII.: Eventual Retrotransference of a Suit to the Equity Court.
• Section XXIV.: Expense of the Court, How Provided For.
• Supplemental Sections:—
• Section I. Or XXV.: Bankruptcy and Insolvency.
• Section II. Or XXVI.: Henceforward Dispatch Court.
• Schedules to the Bill.
• Plan of Parliamentary Reform, In the Form of a Catechism, With Reasons For Each Article: With an Introduction, Showing the Necessity of Radical, and the Inadequacy of Moderate, Reform.
• Introduction.
• Section I.: History of the Ensuing Tract—alarming State of the Country and the Constitution.
• Section II.: Most Prominent Present Grievance, Gareisoning France.
• Section III.: Causes of the Above and All Other Mischiefs:—particular Interests Monarchical and Aristocratical, Adverse to the Universal—their Ascendency.
• Section IV.: Sole Remedy In Principle—democratic Ascendency.
• Section V.: Remedy In Detail: Radical Parliamentary Reform: Elementary Arrangements In This Edition of It—their Necessity.
• Section VI.: Differences Between This and the Original Editions of Radical Reform.
• Section VII.: Virtual Universality of Suffrage Further Considered.
• Section VIII.: Virtual Universality of Suffrage—its Undangerousness.
• Section IX.: Freedom of Suffrage Further Explained—seductive Influence—its Forms, Instruments, &c.
• Section X.: Bribery and Terrorism Compared.
• Section XI.: Purchase of Seats—in What Cases Mischievous—in What Beneficial.
• Section XII.: Secresy of Suffrage—its Importance Further Developed.
• Section XIII.: Exclusion of Placemen, &c. From the Right of Voting—mischievousness and Profligacy of the Opposite Arrangement.
• Section XIV.: Universal Constancy of Attendance—its Importance.
• Section XV.: Representatives—impermanence of Their Situation—its Importance:—objections—their Groundlessness.
• Section XVI.: Moderate Reform—its Arrangements—their Inadequacy.
• Section XVII.: Trienniality Inadequate;—annuality Necessary.
• Section XVIII.: Interests Adverse to Adequate Reform—support Given By Them to Moderate, to the Exclusion of Radical: Tories—whigs—people’s Men.
• Catechism of Parliamentary Reform; Or, Outline of a Plan of Parliamentary Reform; In the Form of Question and Answer; With Reasons to Each Article.
• Section I.: Ends to Be Aimed At On the Occasion of Parliamentary Reform.
• Section II.: Means, Conducive Towards These Ends.
• Section III.: Means—their Uses, With Reference to Their Respective Ends.
• Section IV.: Means Conducive to Aptitude In Members: I. Placemen Not to Vote, Nor to Be Seated By Election.
• Section V.: Means, &c. Continued.—ii. Placemen Seated By the King, With Speech and Motion, Without Vote.
• Section VI.: Means, &c. Continued.—iii. Elections Frequent—annual.
• Section VII.: Means, &c. Continued.—iv. Speeches Authentically and Promptly Published.
• Section VIII.: Means, &c. Continued.—v. Attendance, Punctual and General, Secured.
• Section IX.: Inconveniences Incident to Elections, and Election Judicature.
• Section X.: Election Inconveniences—means For Their Removal.
• Section XI.: Collateral Advantages, Referable to the Situations of Electors, Placemen, Lords, &c.
• A Sketch of the Various Proposals For a Constitutional Reform In the Representation of the People, Introduced Into the Parliament of Great Britain, From 1770 to 1812.
• Radical Reform Bill, With Extracts From the Reasons.
• Preliminary Explanations.
• Title of the Proposed Act.
• Preamble.
• Section 1.—: Seats and Districts.
• Section 2.—: Electors, Who.
• Section 3.—: Eligible, Who.
• Section 4.—: Election Offices.
• Section 5.: Election Apparatus.
• Section 6.—: Promulgation of Recommendations In Favour of Proposed Members.
• Section 7.—: Voters’ Titles Pre-established.
• Section 8.—: Election, How.
• Section 9.: Election Districts and Polling Districts, How Marked Out.
• Section 10.—: Vote-making Habitations, How Defined.
• Section 11.—: Members’ Continuance.
• Section 12.—: Vacancies Supplied.
• Section 13.—: Security For the House Against Disturbance By Members. †
• Section 14.—: Indisposition of Speakers Obviated.
• Appendix, Including General Explanations.
• Radicalism Not Dangerous. Extracted From the Mss. of Jeremy Bentham. *
• Part I.—: Introduction.
• Section I.: Radical Reform Bill Recapitulated.
• Section II.: Persuasion of the Dangerousness of Radicalism—cause of It, and of the Vituperative Expression Given to It.
• Section III.: Terms of the Accusation,—speeches From the Throne, 16 Th July and 21 St November 1819.
• Section IV.: The Accusation In General Terms—counter-averment.
• Section V.: Plan of This Defence.
• Part II.—: Deference From the General Nature of the Case.
• Section I.: Conditions Necessary to a Man’s Embarking In Such a Design.
• Section VII.: Concurrence In Any Other Extensive Plan of Spoliation Impossible.
• Section VIII.: Concurrence of Any Constituted Authorities Impossible.
• Section IX.: Accomplishment Impossible—design Impossible.
• Section X.: The Talked-of Spunge No Proof of the Design.
• Part III.—: Defence From Experience In the Case of the United States.
• Part IV.: Defence From Particular Experience In the Case of Ireland: Years 1777 Or 1778, to 1783.
• Section I.: Analogy Between This and the Previous Case.
• Section II.: Democratic Ascendency, How Produced.
• Section III.: Fruit of Democratic Ascendency a Golden Age.
• Section IV.: Coincidence of Its Characters With Those of Radicalism.
• Section VI.: Extinction of Democratic Ascendency and Reform—restoration of Monarchico-aristocratical Ascendency, and Its Consequences.
• Conclusion.

SECTION IV.

INFORMATION REQUISITE FROM PETITIONING SUITORS.

1. Now as to the heads, under each of which, at your hands, if it be your wish to take the benefit of the proposed transference, information will be necessary or may be desirable.

2. Some there are, in relation to which it will be matter of necessity that information should be received:—received, if not by myself, at any rate by the Member by whom the Bill is moved; to the end that, if received by both, we may settle with one another, whether the number of the suits from which the communication has come, be sufficient to afford a sufficient ground for the hope that the measure will experience the requisite attention on the part of the Honourable House.

3. The information had best, all of it, be in the handwriting of the proposed Petitioner; it must be under his or her signature.

4. It may be attached to a printed copy of the proposed Petition to the King.

5. Each article of the information should be numbered with the same number as that by which the head it belongs to is distinguished.

6. Desirable it is, that the paper should receive this identification, as a security for correctness; and that the information conveyed by it may be always under the eyes of those to whom it belongs to have it under consideration, and without being exposed to the hazard of being mislaid after it has been received.

7. Of this indispensable part of the whole number of the particulars, the eventual purpose will be—the constituting your title to vote at the election of the Judge; but the election will not take place, nor, consequently, you or your agent be called upon to appear, unless and until the Act has passed: the petition will be your title-deed.

8. As to the other heads,—it may be, that you are not, of yourself, able to furnish the information, and that your solicitor is the only person through whom you are able to procure it. These are among the heads, in relation to which, in the event of the passing of the Act, and the institution of the Court in consequence,—the solicitor will have to be examined by the Judge, to enable the Judge to determine whether to take the suit under his cognizance.

9. But, the more there are of those heads, in relation to which the information is conveyed to myself and the Member in question, the better; our conception of the nature of the suit, and of the quality and quantity of the benefit to you that may be expected from the whole measure, will be the more particular and encouraging.

10. Of this information, any part which you yourself are not able to furnish, you will see how imprudent it would be for you to apply for at the hands of your solicitor, unless it be perfectly clear to you, that your learned adviser is so circumstanced, as to be really desirous of seeing the speediest termination put to the suit, and consequently to his profits from it.

HEADS UNDER WHICH THE INFORMATION IS TO BE WRITTEN.*

1. The proposed Petitioner—his or her name at full length.

2. Petitioner’s age; so far as to show whether it is full age or under age.

3. Petitioner’s condition in respect of marriage: whether bachelor, married man, or widower; spinster, married woman, or widow.

4. Petitioner’s occupation, or other condition in respect of rank and situation in life: for example, in the male sex, Member of either Houses of Parliament;—Member of the Official Establishment, mentioning the office held by him;—person of either sex living upon his or her fortune. If a married woman, the like in regard to her husband.

5. Petitioner’s residence at the time of transmitting the information; the description given of it being such, that a LETTER may be sure of reaching him or her.

6. Indication of any change contemplated at the time by him or her: with promise to give the like information, in case of any eventual change, up to the time when leave to bring in the Bill is refused, or the Bill thrown out.

7. Name of the suit in the Equity Court.

8. Name of the Court itself; whether Chancery or Exchequer; if Chancery, whether Chancellor’s, Vice-Chancellor’s, or Master’s of the Rolls. If in the House of Lords on appeal, whether it is from the Chancery or the Exchequer.

9. Names of the several parties to the suit: mentioning whether they are so in their own right respectively, or in the right of some other person or persons: adding, in this latter case, information as to their respective principals, under the six first of the above heads.*

10. In the case of a person who is a party concerned in right of another,—state in what capacity he or she is thus concerned: for example, husband; guardian; executor; administrator; residuary legatee; agent whose principal (mentioning whom) is resident out of England, trustee of money in trust for payment of debts; principally acting member of a joint-stock company: in the case of a partnership, the like information in respect of each of the partners: in the case of a suit of which a ship is the subject-matter,—name of the ship, with the names of the several persons therein interested as owners, and information under the above six heads as to each.†

11. Subject-matter of the demand made by the suit.

12. Day of the commencement of the suit.

13. In case of any bills subsequent to that in which the suit took its commencement, mention thereof respectively: for example, whether supplemental bill, or bill of revivor.

14. If the bill be a bill for the examination of witnesses in perpetuam rei memoriam, mention accordingly.

15. Stage of the suit: to wit, as expressed by the written instruments that have been made or required to be made, with their respective dates: as answers, demurrers, pleas, &c.: giving a separate account, in relation to each of the several sorts of bills filed, if more than one, on the occasion of the same original bill, as per No. 13.

16. If examination of witnesses (including parties examined in the manner of witnesses) is going on, mention of the day on which it commenced.

17. If the suit is before a Master,—mention whom, and at what time it went before him, and for what purpose.

18. Town Solicitor or Solicitors, who: with direction to their office.

19. Aggregate expense of the suit to the Petitioner, down to the day of communication: distinguishing, if there be no objection, between expense paid by him and expense incurred.

20. Aggregate expense, as far as can be learnt, or computed, of the several other parties respectively, or of the aggregate of all, down to the day of the communication.

21. So any estimate that can be made, of ulterior expense.

22. Make mention of the aggregate of the expense of any branch of the proceedings which happen to be in a particular degree expensive; giving, in this case, the particulars of the expense: for example; commission to examine witnesses, at home or abroad; costs of the sale of an estate in land, or of making out the title to such an estate.‡

To conclude. You have now seen a short sketch of the species of procedure proposed, with the judicatory for the application of it.

From this, short and necessarily imperfect as it is, some judgment may be formed by you, whether the plan does not afford some promise of relief from the torment under which you are suffering. If, with this before you, you remain motionless,—be this your torment ever so severe, you have yourselves to thank for it. By sympathy for your sufferings have been produced the labours, of which the system you see before you is the fruit. Will you be any longer an object of sympathy, if, by silence instead of answer to this address, after so much has been done for you by others, you grudge to perform so trifling a labour for yourself?

The greater the number in which you and your partners in affliction raise your cry for this relief, the greater will be the probability of your obtaining it. This truth being alike obvious and incontestable, not less so will be the service that may be done by you to your own and the common cause, by looking out for them, and calling for their co-operation.

And you, whom, as yet univisited by this scourge, these pages have chanced to reach,—sympathy,—if any such feeling belongs to you, and no particular interest restrains,—will elict from your hands, according to your means and opportunities, all assistant services. “Cry then aloud, and spare not!”

EQUITY DISPATCH COURT BILL: BEING A BILL FOR THE INSTITUTION OF AN EXPERIMENTAL JUDICATORY UNDER THE NAME OF THE COURT OF DISPATCH,

FOR EXEMPLIFYING IN PRACTICE THE MANNER IN WHICH THE PROPOSED SUMMARY MAY BE SUBSTITUTED TO THE SO CALLED REGULAR SYSTEM OF PROCEDURE; AND FOR CLEARING AWAY BY THE EXPERIMENT, THE ARREAR OF BUSINESS IN THE EQUITY COURTS

NOW FIRST PUBLISHED FROM THE MSS. of JEREMY BENTHAM.

[* ]In the original edition, these heads are printed only on one side of the leaf. Appended to them are the following

Directions for communicating the information.

1. For receiving the information contained in each page, the back of which is left blank, provide a sheet of paper: for example, of the size called foolscap.

2. Placing both leaves on one level, at the top of the length of it, and at the middle of the breadth, paste one of the leaves of this pamphlet: for this purpose it is that these leaves are printed on one side only.

3. Do so, by each of the leaves which are printed for this same purpose.

4. Write the matter in a fair and compact hand: if perpendicular, so much the better; because the more legible.

5. Of the paper in question, that part which is below the letter-press divide into four equal columns, for receiving the information in manuscript: columns thus narrow in preference to the whole breadth. Leave the two spaces, one on one side, one on the other, of the letter-press, in blank, for the purpose of receiving any such observations as I may see occasion to make.

[* ]As to heads 8 and 9,—note, that some persons there can scarcely but be, who may not be able to forward correct information in relation to thoseheads. So, perhaps, under No. 7.

[† ]A remark here is necessary in regard to trustees. At the hands of one who is party to a suit, no otherwise than in compliance with the forms employed by conveyancers, without his having had any confidence reposed in him—no reason can there be why any information should be looked for; no reason why any participation in the Petition should be considered as requisite, or conducive to the purpose of it.

[‡ ]A case is just now mentioned to me, in which the costs of the commission to examine witnesses amounted to £9000: this from a person who was in possession of the particulars.

In one of the late pamphlets an instance is mentioned, in which one single fee charged by the Master for the sale of a single estate was between £500 and £600, he contributing nothing but his fiat to the proceeding.